Land use applications will be reviewed and approved pursuant to the following procedures:

For all hearings conducted by the City pursuant to these review procedures, the City may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the hearing unless otherwise noted.

Owner-occupied and rental multifamily residential development that have 20 percent of the units reserved for lower-income households shall be allowed by right.

Review Authority and the procedures for each approval type are summarized in Table 17.20.010-1 (Review Authority).

Public Notice Sign of Submitted Application.

Notice of Land Use Decisions.

The Department may request that an applicant submit materials for, and attend, an optional pre-application meeting with the Development Advisory Board (DAB) to review the project proposal prior to submitting an application. The purpose of this pre-application is to:

The submittal of a pre-application and Development Advisory Board meeting shall include an exchange of information concerning the entire area intended by the applicant to be developed, even if the project is intended to proceed in stages/phases, regardless of whether applications for review of the entire project area are made at the time of the initial application.

Submittal of a pre-application shall be made to the Department, and shall be accompanied by the appropriate fee as adopted by City Council resolution. The applicant shall submit project plans and/or other applicable materials, showing proposed land use types, areas, and locations. The conceptual project plan and/or materials shall include sufficient information about the proposal to allow evaluation of the project issues identified in this Section.

The pre-application shall address, but not be limited to, the following subject matter:

Scope. Applications for all land use decisions shall be made at the Department on forms available from the Department. Each application for a land use decision shall be accompanied by the information and materials deemed necessary by the Department to render the requested land use decision. All applications shall comply with all applicable procedures of this Section and be consistent with the following:

Application Fees and Deposits. Concurrent with the submittal of an application for development, all applicable fees and/or deposits shall be paid, in the amount determined by City Council resolution, to cover the cost incurred in the processing of each individual application(s).

After the City has received an application for a project, the City shall determine, in writing, whether submitted application materials are complete and timely filed within the time frames established by State law or City policy, and shall immediately transmit the determination to the applicant.

Upon receipt of any resubmittal of the application, a new review period shall begin during which the City shall determine the completeness of the application within the time frames established by State law or City policy.

The Director and the applicant may mutually agree to a reasonable extension of these time limits, as allowed by State law.

Except for legislative acts of the City Council, the City shall render its decision on a land use application within the following time limits unless otherwise required or authorized by applicable law:

When a land use application decision is contingent upon the approval of another application which requires legislative action which include, but are not limited to a General Plan amendment or zone change, the time limits specified by this Section shall commence on the effective date of the last legislative action on which that land use application is contingent.

The Review Authority may refer a request for a land use decision to the Review Authority designated as the appeal body for that type of land use application, e.g., the Director may refer a decision on site plan review to the Planning Commission. In these cases, a statement containing the reasons for referring the land use decisions shall be prepared by the referring Review Authority.

Prior to rendering a land use decision, the Review Authority shall address each of the required findings or criteria that apply to each individual application type as described in this Title. Evidence or testimony shall be given to substantiate the Review Authority's determination on each of the findings applicable to the case being considered, and shall be specifically cited in the action taken by the Review Authority.

From time to time, development actions may be continued. Where the continuance is requested by the applicant, the City may require payment of fees as specified by City Council resolution, to reimburse costs reasonably borne for the continuance of the public hearing.

The Review Authority may take an action of denial without prejudice on a land use application. This action shall allow the applicant to reapply for the same approval with a modified application immediately upon the effective date of the decision unless otherwise specified in this Title.

In approving an application for a land use decision, the Review Authority may establish reasonable conditions for its approval that are found to be necessary to protect the public health, safety, and general welfare.

Ordinances approving land use decisions shall become effective 30 days after adoption of the ordinance, unless otherwise specified within the ordinance.

Land use decisions made at a public hearing shall be effective on the eleventh day after the decision date, except when the tenth such day is not a City business day. In this circumstance, the land use decision shall become effective on the second consecutive City business day following the tenth day.

Land use decisions made by administrative action shall become effective on the eleventh day after the date of the written notice of the land use decision, except when the tenth such day is not a City business day. In this instance, the land use decision shall become effective on the second consecutive City business day following the tenth day.

Notwithstanding the provisions of this Section, land use decisions which are made contingent upon approval of a legislative action including, but not limited to, a General Plan amendment or zone change, shall become effective on the date when the approval of the last application to which they are subject becomes effective.

Minor modifications to the approved site plan or the conditions of approval for a project may be approved by the Director through an application for a minor modification, pursuant to PMC § 17.26.040 (Minor modifications to approved plans).

If the Director determines that the modification(s) may have significant impacts on the project site or surrounding properties, the Director may require submittal of an application and approval of a major modification to the original project approval, in which case, the review procedures for the requested modification(s) shall be the same as when the project was originally reviewed.

Prior to its effective date, any land use decision made pursuant to the provisions of this Title by a Review Authority other than the City Council, may be appealed by the applicant, a member of the City Council, or any other person as follows:

Applications for an appeal of a land use decision, including an appeal filed by a member of the City Council, shall be made upon forms supplied by the Department. All such applications for appeals shall be submitted to the Department and shall be accompanied by a written statement of the grounds upon which the appeal is based. All applicable application fees, as established by City Council resolution, shall be paid at the time the appeal is filed.

An appeal of a land use decision shall be filed prior to the date on which the land use decision becomes effective, as specified in PMC § 17.20.090 (Effective date of land use decisions). A properly filed application for appeal stays proceedings in the matter appealed until a decision is rendered on the appeal.

Within 30 days of the acceptance of an application for an appeal of a land use decision (except as otherwise provided in the Subdivision Map Act), the Director shall establish a hearing date and shall give notice of the date, time and place of the hearing for an appeal of a land use decision (except where otherwise provided in the Subdivision Map Act) to the appellant, the applicant, and to any other party who has requested in writing to be so notified within the time frame as established by State law or City policy. In addition, notice shall also be given in the same manner as notice was given for the land use decision being appealed pursuant to PMC § 17.20.020 (Notification procedures).

Any member of the City Council who appeals a land use decision made pursuant to the provisions of this Title to the City Council shall abstain from participating as a member of the City Council in the appeal hearing and decision, but may provide written or oral testimony on the matter to the City Council in the same manner as, and in the time provided for, members of the general public.

Upon hearing the appeal, the appeal body shall consider the record and the additional evidence as may be offered and may affirm, reverse, or modify, in whole or in part, the order, requirements, decision, determination, interpretation or ruling being appealed, or may make or substitute the other or additional decision or determination as it may find warranted pursuant to the provisions of this Title, or other applicable adopted City ordinance, resolution, or standards. The appeal body is subject to all of the criteria and findings requirements imposed upon the original Review Authority, including the requirements for environmental review. The appeal body shall forthwith transmit a copy of the decision to the applicant, appellant and, in the case of a City Council decision, to the original Review Authority.

Unless all conditions have been complied with and the occupancy, use, or division of land authorized by the land use decision has been inaugurated or been recorded within the time specified for each land use application type within this Title, the land use decision shall become null and void. For the purposes of this Section, the term "inaugurated" shall mean that applicable grading and/or building permits have been issued, and construction is initiated and ongoing.

Where circumstances warrant, the Review Authority may grant an extension of time. The length of the extension shall be determined by the Review Authority based on the limitation specified in this Division, but in no case shall a conditional land use decision be extended for a total approval period exceeding five years unless otherwise provided by State law. The Review Authority of an application for an extension of time of a previously approved project shall be the Director. However, the Director may refer the time extension request back to the original Review Authority. The Review Authority is authorized to update any existing conditions of approval or add new conditions of approval as needed so that the conditional land use approval will ensure the public health, safety, and welfare. All requests for a time extension shall be submitted prior to the expiration date within the time frames established by State law or City policy, shall be diligently pursued by the applicant pursuant to PMC § 17.20.060 (Denial of incomplete applications) and shall be reviewed by the City pursuant to PMC § 17.20.050 (Time limitations for application acceptance).

Public projects shall not be subject to a time limitation unless specific time limits are included within conditions placed upon project approval. When time limits are placed within the conditional approval of a public project, extensions of time may be granted whenever warranted, provided no single action is taken to grant an extension greater than 24 months.

No building, structure, or land shall be used or occupied, and no change in the existing occupancy classification or existing use of a building, structure, land, or portion thereof, shall be made unless a zoning clearance application pursuant to PMC § 17.26.030 (Zoning clearance review) is first obtained from the Department, in addition to other required approvals, inspections, and certificates.

New Buildings. Final clearance from the Department shall be granted only after the new buildings, enlargement, or alteration have been completed in conformity with the provisions of this Title and with any approved architectural or civil plans and required conditions, and when the proposed use conforms to this Title and any other applicable adopted City codes, resolutions, ordinances, or standards.

Existing Buildings and Undeveloped Land. Except as provided in PMC Chapter 17.28 (Nonconforming Uses, Structures and Parcels), final clearance from the Department shall be granted for the re-use of an existing building or the use of undeveloped land only after the improvements to the building or land conform to the property development standards of this Title and other applicable City ordinances, resolutions, codes, or standards. The standards may include the provision of required walls, landscaping, parking, trash enclosures, street improvements, and all other improvements determined by the Review Authority to be necessary or required by any regulating authority for the particular use.

No person shall undertake, conduct, or use, or cause to be undertaken, conducted, or used, any project(s) which requires site plan review, without having first complied with the provisions of this Chapter.

The following shall require approval of a site plan review, unless otherwise specified:

Exemptions. The following shall be exempt from site plan review requirements, but are still subject to approvals from the Department and other agencies, including zoning clearance review pursuant to PMC § 17.26.030 (Zoning clearance review) and building permits, as required in this Division:

Pre-Existing Structures. Any structure existing on the effective date of the ordinance codified in this Title which was allowed subject to an approved site plan review shall be deemed a pre-existing structure. The structure may continue pursuant to this Title; provided, that the site is operated and maintained pursuant to the conditions prescribed at the time of its establishment, if any. Any expansion, alteration, or reconstruction of a structure with a previously approved site plan review, which has become nonconforming due to adoption of this Title or any subsequent amendments thereto, shall comply with PMC Chapter 17.28 (Nonconforming Uses, Structures and Parcels) regulating nonconforming structures until the structure is brought into conformance with this Title. Any structure existing on the effective date which would require approval of a site plan review to be established in that zone, but for which the approval has not been obtained, shall be deemed a nonconforming structure and regulated by PMC Chapter 17.28 (Nonconforming Uses, Structures and Parcels).

Pre-Application. A pre-application with the DAB, City staff, and interested agencies may be conducted pursuant to PMC § 17.20.030 (Pre-application).

Formal Application Submittal.

Site Plan. The application shall be accompanied by the required number of site plans, drawn at a scale approved by the Department, on standard sheets of 24 inches by 36 inches. The site plans shall indicate the location of all known and proposed easements and improvements; structures and improvements proposed to be demolished, relocated, or constructed; and all other pertinent information that can be graphically depicted on the plan, as specified in the checklist provided by the Department.

Drawings and Architectural Elevations. When required by the Department, drawings and architectural elevations shall be submitted in addition to those accompanying the site plan which shall include, but not be limited to, the following:

Site plan review approval only applies to the property for which the application was made, and shall apply to that property as long as the development for which approval was granted is in effect, regardless of changes in ownership or occupancy.

The following conditions of approval may be placed upon the project by the Review Authority:

The City's General Plan and any applicable Specific Plan;

The development standards set forth in this Title; and

Any applicable design guidelines.

Appeal. A decision made by the Review Authority on a site plan review may be appealed, pursuant to the provisions of PMC § 17.20.110 (Appeal procedures).

Revisions and Modifications. Revisions or modifications of an approved site plan review can be requested by the applicant.

New Applications Following Denial. Following the denial of an application for a site plan review, no application for a site plan review for the same or substantially the same project and design on the same or substantially the same site shall be filed within one year from the date of denial.

No person shall undertake, conduct, or use, or cause to be undertaken, conducted, or used, any projects which require a conditional use permit, without having first complied with the provisions of this Division.

Uses listed in the land use permissions tables with "CUP" may be allowed in the applicable zone pursuant to the provisions of this Chapter.

Pre-Existing Use. Any use existing on the effective date of the ordinance codified in this Title which was allowed subject to an approved conditional use permit shall be deemed a pre-existing use. The use may continue pursuant to this Title; provided, that the use is operated and maintained pursuant to the conditions prescribed at the time of its establishment, if any. Any expansion of the use with a previously approved conditional use permit which has become nonconforming due to the adoption of this Title or any subsequent amendments thereto shall comply with PMC Chapter 17.28 (Nonconforming Uses, Structures and Parcels) regulating nonconforming uses until the use is brought into conformance with this Title. Any use existing on the effective date of the ordinance codified in this Title which would require approval of a conditional use permit to be established in that zone, but for which the approval has not been obtained, shall be deemed a nonconforming use and regulated by PMC Chapter 17.28 (Nonconforming Uses, Structures and Parcels).

Pre-Application. Submittal of a pre-application, and meeting with City staff and interested agencies through a DAB meeting, may be conducted pursuant to PMC § 17.20.030 (Pre-application).

Formal Application Submittal.

Plans. The application shall be accompanied by the required number of floorplans, drawn at a scale approved by the Department, on standard sheets of 24 inches by 36 inches. The plans shall indicate all information as specified in the checklist provided by the Department.

Other Pertinent Information, As Required. Where deemed necessary by the Department to complete the City's review and evaluation of the proposed use, additional information may be required regarding ongoing use of the site, including but not limited to hours of operation, number of employees, provisions for on- or off-site security, and other similar conditions of operation.

Conditional use permit approval shall only apply to the property for which the application was made, and shall apply to that property as long as the use for which approval was granted is in effect, regardless of changes in ownership.

In granting any conditional use permit, the Review Authority may affix those conditions which it deems necessary in order to safeguard the public health, safety, and general welfare of the zone and to ensure compliance with the goals, policies, and objectives of the General Plan. Where the use is proposed, the adjacent land uses, environmental significance or limitations, topography, or traffic circulation is found to so require, the Review Authority may establish more stringent regulations than those otherwise specified for the zone in which the project is located.

The following requirements for the regulation of uses and operations on the site may be placed upon the development project by the Review Authority as conditions of approval:

The proposed use is consistent with the goals, policies, and objectives of the General Plan;

The proposed use is beneficial and desirous to the community and is consistent with the purpose, intent and standards of this Title and other applicable ordinances and codes adopted by the City;

The proposed use and the ongoing operation of the use will not have a substantial adverse effect on abutting property or the allowed use thereof, and will not generate excessive noise, vibration, traffic, or other disturbances, nuisances, or hazards; and

The site for the proposed use has adequate pedestrian and vehicular access.

Appeal. Prior to its effective date, any decision made on a conditional use permit may be appealed to the City Council, pursuant to the provisions of PMC § 17.20.110 (Appeal procedures).

Revisions and Modifications. Revisions or modifications of conditional use permits can be requested by the applicant pursuant to the procedures and criteria specified below.

Revisions/Modification/Revocation by the Planning Commission. The Planning Commission may review, modify, or revoke a conditional use permit as specified below.

New Applications Following Denial or Revocation. Following the denial or revocation of a conditional use permit application, no application for a conditional use permit for the same or substantially the same use at the same or substantially the same location shall be filed within one year from the date of denial or revocation.

In no case shall a variance or minor exception be granted to allow a use other than a use allowed or conditionally allowed in the zone applicable to the property.

The Review Authority may grant variances and minor exceptions from any property development standard including, but not limited to, setbacks, heights, lot coverage, etc., in this Title, subject to the procedures set forth in this Division.

Minor Exceptions. The following modifications are subject to approval of a minor exception:

In calculating percentages specified in Subsection (C) of this Section, fractions shall be rounded down.

Variance. Any request to deviate from development standards required by this Title which is not listed in Subsection (C) of this Section shall require submittal and review of a variance. Variance requests may include, but are not limited to, the following:

Any variance or minor exception granted shall be subject to the conditions which will assure that the authorized adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated.

An application for a variance or minor exception shall be filed with the Department, along with the required fee as established by City Council resolution. The signed application shall be made by the property owner, an authorized agent of the property owner or an applicant for which the property owner or authorized agent has granted approval for the submittal of the application.

An application for a variance or minor exception shall be accompanied by all required materials and plans depicting the subject property as well as the surrounding area, and the scope of the proposed request. Plans of the subject property shall depict all existing and proposed buildings, uses, and any other data required by the Department to adequately review the application.

Minor Exceptions.

Variances. The Planning Commission shall be authorized to review and make a decision on requests for variances at a public hearing pursuant to PMC § 17.20.010 (Review procedures) and pursuant to the procedures in this Division.

Requirements for special setbacks, open spaces, buffers, fences, walls, and screening;

Requirements for installation and maintenance of landscaping, erosion control measures, and other improvements;

Requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation;

Establishment of development schedules or time limits for performance, completion, or removal;

Requirements for periodic review by the Review Authority; and

Any other such conditions as the Review Authority may deem reasonably necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Review Authority to make the findings required by PMC § 17.23.060(C).

Minor Exception. The Director shall determine that the request satisfies the applicable requirements of PMC § 17.23.020(C) and the required findings contained in Subsection (C) of this Section and, if granted, is consistent with the General Plan and all applicable codes and ordinances.

Variance. The Planning Commission shall determine that the request satisfies the applicable requirements of PMC § 17.23.020(E) and the required findings contained in Subsection (C) of this Section and, if granted, is consistent with the General Plan and all applicable codes and ordinances.

Findings for Approval of a Variance or Minor Exception.

Appeal. Any decision made by the Review Authority on a variance or minor exception may be appealed, pursuant to the provisions of PMC § 17.20.110 (Appeal procedures).

New Applications Following Denial or Revocation. Following the denial of a variance or minor exception application, no application for the same or substantially the same application on the same or substantially the same parcel shall be filed within one year of the date of denial.

Voiding of Variances or Minor Exceptions.

Purpose. Whenever the public necessity, convenience, general welfare, or the policies set forth in the General Plan justify this action, zoning boundaries on the official zoning map may be amended through the procedures established in this Title.

Applicability.

Review Authority. The Planning Commission shall review and recommend approval, approval with conditions, or deny an application for a zone change at a public hearing pursuant to PMC § 17.20.020 (Notification procedures) and shall forward a recommendation to the City Council.

Application Procedure.

Action by Planning Commission.

Action by the City Council.

Required Findings for Approval. Approval of a zone change shall be based on the following findings:

Prezoning.

Post-Decision Procedures.

Purpose. These provisions are intended to provide the City Council with a procedure to amend this Title when deemed necessary or appropriate to protect public health, safety, and welfare or to implement the goals, policies, and objectives of the General Plan.

Applicability.

Review Authority. The Planning Commission shall review and recommend approval, approval with conditions, or deny an application for a Zoning Ordinance amendment at a public hearing pursuant to PMC § 17.20.020 (Notification procedures) and shall forward a recommendation to the City Council.

Application Procedure.

Action by Planning Commission. The Planning Commission shall hold a public hearing on each application for a Zoning Ordinance amendment. The hearing shall be scheduled and notice given as prescribed in PMC § 17.20.020 (Notification procedures). The Planning Commission shall determine whether the Zoning Ordinance amendment is consistent with the required findings for approval pursuant to Subsection (G) of this Section, and shall recommend to the City Council that the Zoning Ordinance amendment be approved, approved as amended, or denied based upon said findings.

Action by City Council.

Required Findings for Approval. Prior to taking an action to approve or recommend approval of a Zoning Ordinance amendment, the Review Authority shall find as follows:

Post-Decision Procedures.

Purpose. Whenever the public necessity, convenience, general welfare, or the policies set forth in the General Plan justify this action, land use boundaries may be amended through the procedures established in this Title.

Applicability.

Review Authority. The Planning Commission shall review and recommend approval with conditions or deny an application for a General Plan amendment at a public hearing pursuant to PMC § 17.20.020 (Notification procedures) and shall forward a recommendation to the City Council.

Application Procedure.

Action by Planning Commission.

Action by City Council.

Required Findings for Approval. Prior to taking action to approve or recommend approval of a General Plan amendment, the Review Authority shall find as follows:

Post-Decision Procedures.

Purpose. The procedures contained in this Section allow the Director to determine whether a use not specifically listed as a use that is principally or conditionally allowed in a particular zone of the City should be allowed based upon a similarity to uses already listed.

Applicability.

Application Procedure.

Review Authority.

Required Findings for Approval. The Director shall base the decision upon the following findings:

Post-Decision Procedures.

Purpose. This Title provides procedures and requirements for the consideration of development agreements for the purposes specified in and as authorized by Section 65864 et seq. of the California Government Code.

Applicability. Under certain circumstances, development agreements are appropriate tools to strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty, and through corresponding assurances by the developers, reduce the economic costs of development to the City, allow for the orderly planning of public improvements and services, and assure, to the extent feasible, the City's goals are achieved.

Review Authority. The Planning Commission shall review an application for a development agreement at a public hearing pursuant to PMC § 17.20.020 (Notification procedures) and shall forward a recommendation, which may include amendments, to the City Council.

Application Procedure.

Action by Planning Commission.

Action by City Council.

Required Findings for Approval. Prior to taking an action to approve or recommend approval of a development agreement, the Review Authority shall find as follows:

Ongoing Review. The City shall review the development agreement every 12 months from the date the agreement is entered into as follows:

Amendments to Approved Development Agreements. Any amendment to a previously approved development agreement shall be reviewed pursuant to the same procedures outlined in this Section for a new application.

Purpose. This Section provides procedures and requirements for the consideration of density bonus agreements for the purposes specified in, and as authorized by, Section 65915 et seq. of the California Government Code.

Applicability. A density bonus agreement may only be requested for development projects consisting of five or more dwelling units, prior to any density increase.

Review Authority. The Planning Commission shall review an application for a development agreement at a public hearing pursuant to PMC § 17.20.020 (Notification procedures) and shall forward a recommendation, which may include amendments, to the City Council.

Application Procedure.

Action by Planning Commission.

Action by City Council.

Required Findings for Approval. Prior to taking an action to approve or recommend approval of a density bonus agreement, the Review Authority shall find as follows:

Ongoing Review. The Director shall review and examine all approved density bonus agreements at least every 12 months to determine whether the applicant or a successor in interest is demonstrating good faith compliance with the terms of the agreement.

Amendments to Approved Density Bonus Agreements. Any amendment to a previously approved density bonus agreement shall be reviewed pursuant to the same procedures outlined in this Title for a new application.

Incentives and Concessions.

Purpose. This Chapter specifies the procedures for the review and approval of a variety of administrative development applications and approvals.

Review Authority. The Review Authority for the applications described in this Chapter shall be the Director, except as otherwise authorized by PMC § 17.20.080 (Decisions by Review Authority). As provided in this Title, the Review Authority is authorized to approve, impose reasonable conditions upon the approval, or deny the applications pursuant to the established procedures as deemed necessary to protect public health, safety, and welfare.

Purpose. The subdivision development plan review process involves the review and approval of residential plot plans, unit mixes, architectural elevations, and other applicable project plans to ensure that the conditions of approval applied to the subdivision are met, and that the unit mix and plotting concept promotes a functional, aesthetically appealing, high-quality living environment for current and future residents.

Applicability.

Application Procedure.

Approval Requirements and Conditions. The Review Authority shall review and evaluate any application for a subdivision development plan and may approve the application subject to the following criteria:

Effective Period for Subdivision Development Plan Approval. The subdivision development plan shall remain valid until new or modified plans are submitted, or the underlying subdivision map is modified, amended, or reparcelized.

Amendments to Approved Subdivision Development Plans. Any amendment to a previously approved subdivision development plan shall be reviewed pursuant to the same procedures outlined in this Section for a new application.

Purpose. The zoning clearance procedure is intended to ensure that a proposed use of land and/or existing building(s), or the minor alterations of land and building(s) within the City, meet the requirements of this Title and, if applicable, the conditions of approval for a previously approved project.

Applicability.

Application Procedure.

Approval Requirements and Conditions. A zoning clearance shall be approved by the Review Authority; provided, that the project application complies with the following criteria:

Post-Decision Procedures.

Purpose. The minor modification process provides a means of reviewing requests for proposed changes to approved project plans which, as determined by the Director based upon the criteria specified in Subsection (D) of this Section, are minor in nature and which are in substantial conformance with previously approved entitlements and/or conditions of approval.

Applicability.

Application Procedure.

Approval Requirements and Conditions. The Review Authority may review and approve an application for minor modification; provided, that the application for the proposed modification complies with the following criteria:

Purpose. The purpose of a minor use permit is to allow certain uses that contribute to the orderly growth and development of the City and that generally meet the purposes of the applicable zone, but which require special consideration in their design or operation to ensure compatibility with the surrounding area. The minor use permit process is intended to provide an opportunity for Director review and evaluation of site-specific requirements and characteristics, to provide public notice of applications, to provide adequate mitigation of any potentially adverse impacts, and to ensure that all site development regulations and performance standards are provided pursuant to this Title. In addition, the minor use permit ensures ongoing compliance with conditions of operation which may be applied to the use in order to protect public health, safety, and welfare, and to ensure compliance with the goals, policies, and objectives of the General Plan.

Applicability.

Review Authority.

Application Procedure.

Considerations and Decision.

Required Findings for Approval.

Approval Requirements and Conditions.

Post-Decision Procedures.

Purpose. The purpose of a home occupation clearance procedure is to allow the establishment and operation of a business within a home, in such a way as to minimize any impacts of the business on adjacent properties or the general neighborhood. Home occupations are limited to those uses which may be conducted within a residential dwelling, without in any way changing the appearance or condition of the residence or the surrounding neighborhood.

Applicability. No home occupation may occur and no approval for a home occupation shall be issued unless the procedures and criteria specified in this Title are satisfied.

Application Procedure.

Approval Requirements and Conditions. Home occupations may be allowed on property used for residential purposes, subject to approval by the Review Authority; provided, that the use is operated pursuant to the following conditions:

Additional Conditions for Mobile Businesses. A home occupation clearance for mobile businesses may be approved; provided, that the business is operated pursuant to the operational standards described in Subsection (D) of this Section, in addition to the following conditions which specifically apply to mobile businesses:

Post-Decision Procedures.

Purpose. The purpose of these provisions is to allow the keeping of additional animals over those allowed by the underlying zone standards, and to ensure that the keeping of such animals will not be detrimental to the public health, safety, and welfare; that adjacent property owners and residents are notified of the proposed keeping of additional animals; and that such animals are provided with adequate facilities to ensure their health and well-being.

Applicability. An additional animals clearance shall be required to keep animals that are allowed as an accessory use in the underlying zone, where the number of such animals exceeds the number allowed in the zone.

Application Procedure.

Approval Requirements and Conditions. The approval to keep additional animals shall be based upon the applicant's adherence to the following conditions:

Required Findings and Decision.

Post-Decision Procedures.

Purpose. The purpose of these provisions is to establish a formal procedure for persons with disabilities seeking equal access to housing to request reasonable accommodation in the application of this Title and to establish relevant criteria to be used when considering these requests.

General Provisions.

Application Procedure.

Grounds for Accommodation. In making a determination regarding the reasonableness of a requested accommodation, the following criteria shall be considered:

Required Findings and Decision.

Purpose. The minor site plan review process provides a means of reviewing requests for certain types of uses and structures through an administrative review approval process, to ensure that impacts to adjacent properties are minimized, and that adjacent property owners and residents are notified of the proposed project.

Applicability.

Application Procedure.

Approval Requirements and Conditions. In granting the minor site plan review, the Director may impose conditions reasonably necessary to accomplish the purpose of this Title, including, but not limited to, the following:

Required Findings and Decision.

Post-Decision Procedures.

Time Limits and Extensions for Minor Site Plan Review Decisions. One or more extensions of time, not to exceed a total of 24 months from the original expiration date, may be granted pursuant to PMC § 17.20.120 (Time limits and extensions for conditional land use decisions).

Purpose. The purpose of this Section is to regulate land use activities of a temporary nature in order to protect the public health, safety, and welfare. These permitting procedures for temporary use permits and special event permits ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and landowners, and to minimize any adverse effects on surrounding properties and the environment.

Applicability.

Application Procedure. Applications for permits to establish a special event or temporary use, as described in this Title, shall be filed with the Department in a manner prescribed by the Director, along with the required fee as established by City Council resolution.

Review Authority.

Temporary Use Permit. A temporary use permit shall be required for the following temporary uses pursuant to PMC § 17.98.020 (Temporary uses):

Termination of Temporary Uses.

Approval Requirements and Conditions.

Special Event Permit.

Review of a comprehensive development plan shall be required for the following development proposals:

A comprehensive development plan may be proposed for residential, commercial, or industrial development projects, or for mixed-use projects proposing multiple uses, densities, or intensities of land use.

The City may approve a comprehensive development plan through adoption of a Specific Plan pursuant to PMC § 17.27.040 (Specific Plan); or a planned development, pursuant to PMC § 17.27.050 (Planned development).

A comprehensive development plan may be initiated by action of the City Council, or by the owner or the authorized agent of the owner of property within the proposed project area.

Submittal of a pre-application may be required for any comprehensive development plan, pursuant to PMC § 17.20.030 (Pre-application).

Any application for a comprehensive development plan shall be made on a form provided for that purpose by the Department, along with the required fee as established by City Council resolution.

Action By Planning Commission.

Action by City Council.

Purpose and Applicability. The Specific Plan process is intended to provide a method of comprehensive planning for large scale, mixed-use development projects which are anticipated to be built in successive phases over a longer period of time than is typically granted for other development entitlements. Projects for which a Specific Plan would be appropriate would generally meet the following criteria:

General Provisions.

Required Contents of a Specific Plan.

Review Procedure.

Required Findings for Approval. Prior to approving a Specific Plan, the following findings supported by adequate evidence shall be made by the Review Authority:

Amendments and Modifications to Approved Specific Plans. The process for the amendment or modification to an approved Specific Plan with appropriate findings shall be included within the Specific Plan.

Purpose and Applicability. The planned development document is intended to provide a method of comprehensive planning for smaller, less complex development projects than are typically processed with a Specific Plan, which meet the following criteria:

General Provisions.

Initiation. An application for a planned development may be initiated by an applicant or the City Council pursuant to the application requirements specified within PMC § 17.27.030 (Application procedures).

Application Requirements. In addition to the submittal requirements for a zone change pursuant to PMC § 17.24.010 (Zoning map changes), the planned development application shall consist of text and set of maps, in the required number of copies as specified in the application form provided by the Department, which depict the nature of the intended development. At minimum, the submittal package shall contain the following elements:

Review Procedure. An application for a planned development shall be processed as an amendment to the zoning map, pursuant to the procedures for a zone change specified within PMC § 17.24.010 (Zoning map changes).

Required Findings for Approval. Prior to approving a planned development, the following findings supported by adequate evidence shall be made by the Planning Commission and City Council:

Amendments and Modifications to Approved Planned Developments. Revisions or modifications of planned developments may be requested by the applicant and shall be processed as follows:

This Chapter provides regulations for nonconforming land uses, structures, and parcels that were lawful before the adoption or amendment of this Title, but which would be prohibited, regulated, or restricted differently under the current terms of this Title or an amendment that changed the applicable requirements.

It is the intent of this Title to discourage the long-term continuance of nonconformities, providing for their eventual elimination, while allowing them to exist under the limited conditions outlined in this Chapter.

This Chapter does not regulate nonconforming signs, which are instead subject to the requirements of PMC Chapter 17.88 (Signs).

A nonconforming land use and the use of a nonconforming structure may be continued, including transfers of ownership; provided, that their continuation shall comply with the requirements of this Section. Refer to PMC § 17.28.050 (Residential exemptions) for exceptions regarding certain residential uses and structures.

Nonconforming Use of Land.

Nonconforming Structure. A nonconforming structure may continue to be used as follows:

Nonconforming Keeping of Animals. The keeping of animals that was lawfully initiated, but because of later amendments to this Title does not comply with the maximum number or type of animals now allowed, may continue; provided, that:

Dwellings, Generally. An involuntarily damaged or destroyed single- or multifamily dwelling may be reconstructed or replaced with a new structure with the same footprint, height, and number of dwelling units, pursuant to current building and fire code requirements.

Single-Family Dwellings in Commercial Zones. A single-family dwelling that is a nonconforming use in a commercial zone may be expanded to the extent to which the expanded area complies with all applicable standards of the applicable zone.

Residential Fences. A nonconforming fence within a residential zone may be maintained and replaced in the same form as it existed on the effective date of the regulation that made it nonconforming.

Termination by Discontinuance.

Termination by Destruction. Nonconforming status shall terminate if a nonconforming structure, or a conforming structure occupied by a nonconforming use, is involuntarily damaged or destroyed; except as provided by PMC § 17.28.050 (Residential exemptions) for dwellings, and except as follows:

Legal Building Site. A nonconforming parcel that does not comply with the applicable area, width, or depth requirements of this Title shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director by evidence furnished by the applicant:

Subdivision of a Nonconforming Parcel. No subdivision shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel.

Conformity of Uses Requiring Land Conditional Use Permits. A use lawfully existing without the approval of a conditional use permit (refer to PMC Chapter 17.22 (Conditional Use Permits)) or a minor use permit (refer to PMC § 17.26.050 (Minor use permit)) that would be required by this Title shall be deemed conforming only to the extent that it previously existed (e.g., as it maintains the same site area boundaries, hours of operation, etc.).

Previous Land Use Approvals in Effect. A use that was authorized by a planning approval but is not allowed by this Title in its current location may continue, but only pursuant to the original planning approval.